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Constitutional Charter of 1976 (DM)
The Constitutional Charter of 1976 (Portuguese: Carta Constitucional de 1976) alternatively known as the Carta, was the constitution of Portugal which came to officially end the Estado Novo, reintroducing democracy into Portugal and its overseas provinces. It was granted by Queen Maria III to the Portuguese people after the resignment of then President of the Council of Ministers Marcelo Caetano, and was partially modelled after the Constitutional Charter of 1826. Over the course of its existence, the charter was amended a few times. Contents Title I OF THE UNITED KINGDOM, ITS TERRITORY, GOVERNMENT, DYNASTY, AND RELIGION Article 1 The Kingdom of Portugal is the political association of all Portuguese citizens. They form a free, independent, and sovereign Nation. Article 2 Its territory forms the United Kingdom of Portugal, Africa, and the Algarves, and of it is part: § I - In Europe, its defined historical territory, as well as the archipelagos of the Azores and Madeira. § II - In Africa, the Kingdom of Angola and the Kingdom of Mozambique, and the principalities developed from the former colonies of the Overseas Empire. § III - In Asia, the isles of Solor and Timor. § IV - The territorial waters of Portugal, exclusive economic zone, and the rights to the adjacent seabeds, as the law defines. Article 3 The Portuguese nation does not renounce the right which it has to any portion of territory in these three parts of the world. Article 4 Its Government is Monarchical, Hereditary, and Representative. Article 5 The current reigning dynasty is the Most Serene House of Braganza. Article 6 The Roman Catholic Apostolic Religion is the official religion of the United Kingdom, recognized as the religion of the majority of the Portuguese. A special law will define which other religions are given legal status within Portuguese territory. Title II OF THE PORTUGUESE CITIZENS Article 7 All persons whom the law or an international convention considers to be Portuguese citizens are such citizens. Article 8 Automatically loses the Rights of Portuguese Citizenship: § I - Any who naturalizes in a foreign country. § II - Any who without authorization from the King accepts any job, pension, or honour from any foreign government. § III - Any who has been banished by sentence. Article 9 The exercise of political rights is suspended: § I - By physical or moral incapacity. § II - By sentence condemning to imprisonment or exile, while its effects last. Title III OF THE POWERS AND NATIONAL REPRESENTATION Article 10 The division and harmony of the political powers is the conservative principle of the citizens' rights, and the safest means of enforcing the guarantees offered by the Constitution. Article 11 The Political Powers recognized by the constitution of the United Kingdom of Portugal, Africa, and the Algarves are four: the Legislative Power, the Reserve Power, the Executive Power, and the Judicial Power. Article 12 The Representatives of the Portuguese Nation are the King and the General Courts. Title IV 'Chapter I' OF THE BRANCHES OF THE LEGISLATIVE POWER AND ITS ATTRIBUTIONS Article 13 The Legislative Power lies with the Cortes with the sanction of the King. Article 14 The Cortes are composed of two Chambers: the Chamber of Peers and the Chamber of Deputies. Article 15 It is of the Attribution of the Cortes to: § I - Take Oath to the King, the Prince Royal, the Regent, or Regency. § II - Elect the Regent or Regency, and mark the limits of their authority. § III - Recognize the Prince Royal as Successor to the Throne, in their first reunion right after his birth. § IV - Nominate a tutor to the minor King, in case his father or mother had not done so in testament. § V - On the death of the King, or vacancy of the Throne, institute examination of the Administration, which has ended, and reform the abuses introduced therein. § VI - Make Laws, interpret them, suspend them, and revoke them. § VII - Ensure the protection of the Constitution and promote the General Good of the Nation. § VIII - Annually establish the Public Expenditure and distribute the direct contribution. § IX - Grant or deny entry of foreign forces of land and sea within the Kingdom, or of its ports. § X - Fix annually, on the information of the Government, the ordinary and extraordinary forces of sea and land. § XI - Authorize the Government to contract Loans. § XII - Establish appropriate means to pay the public debt. § XIII - Regulate the Administration of State Property, and decree its disposal. § XIV - Create or suppress Public Jobs, and establish them salary. § XV - Determine the weight, value, inscription, type, and denomination of the Currencies; as well as the standard of weights and measures. Article 16 The Chamber of Peers will have the treatment of – Worthy Peers of the Kingdom; and that of the Deputies of – Gentlemen Deputies of the Portuguese Nation. Article 17 Each Legislature will last four years; and each annual Session three months. Article 18 The Royal Opening Session will be held every year on January 2nd. Article 19 The Closing Session will also be Royal; and both this and that of the Opening shall be made in the Cortes Gerais, with both Chambers together, the Peers on the right, and the Deputies on the left. Article 20 Its Ceremonial, and that of the participation to the King, will be done in the form of the Internal Rules. Article 21 The appointment of the President and Vice-President of the Chamber of Peers is the responsibility of the King; that of the President and Vice-President of the Chamber of Deputies shall be of the King's choice, on Proposal of five, made by the same Chamber; that of the Secretaries of both, Verification of the Powers of its Members, Oath and its internal Police, shall be carried out in the form of its respective Rules. Article 22 At the meeting of the two Chambers, the President of the Chamber of Peers will direct the work; the Peers and Deputies will take their places as in the Opening of the Cortes. Article 23 The Sessions of both Chambers shall be public, except in cases where the Well of the State requires them to be secret. Article 24 Business shall be settled by an absolute majority of votes of the present Members. Article 25 The Members of each Chamber shall be inviolable for the opinions they make in the exercise of their functions. Article 26 No Peer or Deputy, during their Deputation can be imprisoned by any Authority, except by order of their respective Chamber, unless in flagrant capital offence. Article 27 If any Peer or Deputy is pronounced, the Judge, suspending all further proceedings, will report to their respective Chamber, which will decide if the process should continue, and the Member be suspended or not in the exercise of their Functions. Article 28 The Peers and Deputies may be appointed to the post of Minister of State or Councillor of State, except that the Peers will continue to sit in the Chamber, and the Deputy will vacate their seat, and a new election will be held, in which they can be re-elected, and accumulate the two Functions. Article 29 They also accumulate the two Functions if they already exercised any of the mentioned positions when they were elected. Article 30 One can not be both a Member of both Chambers at the same time. Article 31 The exercise of any occupation, other than those of Councillor of State and Minister of State shall cease on an interim basis, for the durations of the Functions of Peer or Deputy. Article 32 In the interval of the Sessions, the King may not employ a Deputy outside the Kingdom, not shall they exercise their Occupation when that makes it impossible for them to meet at the time of the convocation of the ordinary or extraordinary Cortes Gerais. Article 33 If, for any unforeseen event, on which Public Security or the Well of the State depends, it is indispensable that any Deputy leave for another Commission, the respective Chamber may determine it. Appearances * Dominus Mundi